..... ) of the rules framed under the act reads as follows:2. definitions.-- in these rules, unless there is anything repugnant in the subject or context-(a) to (dd) xxxxxxxxxxxxxxxxxxxxxxxx (e) to (ea) xxxxxxxxxxxxxxxxxxxxxxxx(ee) 'registered medical practitioner' means a person-(i) holding a qualification granted by an authority specified or notified under section 3 of the indian medicaldegreesact, 1916 (7 of 1916), or specified in the schedules to ..... the indian medical council act, 1956 (102 of 1956 ..... ); or(ii) registered or eligible for registration in a medical register of a state meant for the registration of persons practicing the modern scientific system of medicine excluding .....

..... , were made under the act, rule 2 (ee) of these rules contains the definition of registered medical practitioner. this rule, as amended by notification dated 5th june 1972 and in so far as relevant, reads as follows:'2(ee) registered medical practitioner means a person- (i) holding a qualification granted by an authority specified or notified under section 3 of the indian medicaldegreesact, 1916 (7 of 1916), or specified in ..... council act, 1956 (102 ..... the schedules to the indian medical .....

..... the council of alternative systems of medicine & anr. v. state of west bengal & ors., reported in 1991 (2) clj 173. the said decision, after having considered the scope and effect of indian medical council act, 1956 and indian medicaldegreesact, 1916, particularly considers the scope and effect and application of the system of therapy popularly known as 'naturopathy'. in this context ..... a cure by controlling diet, the senses and breathing, does not contravene any statute. however, as already noted hereinabove, the definition 'to practice any system of medicine' as found in section2 of the gujarat medical practitioners act, 1963, defines that the practice of naturopathy ipso facto shall not be deemed on that account only, to be a practice ..... where professional degrees would be awarded. 4. so far as the first concept is concerned, viz., 'practice of naturopathy', it would appear that the same would not require any professional qualification under any law for the time-being in force. 5. in this context, it is relevant to consider section2 of the gujarat medical practitioners' act, 1963, ..... 12. in the context of prayer (c) it merely requires to be noted that the gujarat ayurved university act, 1965 establishes 'the gujarat ayurved university'. section2, sub-section (4) defines 'ayurvedic system of medicine' which includes the nisargopachar system. section 27 deals with affiliation, recognition and approval of colleges applying for affiliation to the university (for the broader purpose .....

..... means a person-(i) holding a qualification granted by an authority specified or notified under section 3 of the indian medicaldegreesact, 1916 (7 of 1916), or specified in the schedules to the indian medical council act, 1956 (102 of 1956); or(ii) registered or eligible for registration in a medical register of a state meant for the registration of persons practising the modern scientific system of medicine (excluding ..... government framed the drugs rules. rule 2 contains the definition of the terms and expressions used in the rules. rule 2(ee), which was inserted by so 1196 dated april 9, 1960 with effect from 14.05.1960, defines the expression 'registered medical practitioner'.25. for purposes of the pharmacy act, 1948, the expression medical practitioner is defined by substituting section2(f) therein with effect from 01 ..... claim of those who have been notified by state governments under clause (iii) of rule 2(ee) of the drugs rules and those who possess degrees in integrated courses to practise allopathic medicine is sought to be supported from the definition of the indian medicine in section2(e) of 1970 act, referred to above, meaning the system of indian medicine commonly known as ashtang ayurveda .....

..... have to be looked into are as under :u. p. acts (1) the united provinces medicalact, 1917 ( u. p. act no. iii of 1917) (2) the united provinces indian medicine act, 1939 (u. p. act x of 1939) central acts (1) indian medicaldegreesact. 1916 (act no. vii of 1916) (2) indian medicine council act. 1956 (act no. 102 of 1956) (3) indian medicine central council act, 1970 (act no. 48 of 1970) (4) homoeopathy central council ..... of degree or diploma or certificate in ashtang, ayurveda, siddha or unani tibb is not included in the schedule and he cannot get his name entered in the register of medical practitioner which is maintained under this act as the schedule refers to only allopathic qualification.14. now we come to most important enactment namely, the indian medical council act, 1956. section2 of the act gives that definition ..... act, 1973 (act no. 59 of 1973) (5) drugs and cosmetics act. 1940 (act no. 23 .....

..... sessions judge, delhi, dismissing the application of dr. vimla who wanted a decision of the court that the prosecution which has been launched against her under section 6a of the indian medicaldegreesact, 1916, could not proceed owing to certain inherent defects of a legal character.(2) briefly stated the case for the prosecution is that dr. vimla had held out that she possessed a ..... contention of the learned counsel that the complaint ought to have been brought by an authority other than the state government. section 7 of the indian medicaldegreesact, 1916 lays down that 'no court shall take cognizance of an offence punishable under this act except upon complaint made by order of the provincial government or upon complaint made, with the previous sanction of the provincial ..... of the indian medicaldegreesact, 1916.'no person shall add to ..... degree of m.m.s. (london) which she did not have. indeed there is no such degree as m.m.s. (london) at all. under sub-section (1) of section 6-a .....

..... persons have prescribed qualification, cannot register their names and legally practise medicine.10. under the indian medicaldegreesact, 1916 enacted to regulate the grant of titles implying qualifications in western medical science, and the assumption and use by unqualified persons of such titles. according to section 3 of the act no person in the states shall confer, grant, or issue, or hold himself out as entitled ..... bench in paragraphs 6 to 12 held as follows:6. ...the indian medical council act, 1956 (hereinafter referred to as 'the act') was enacted to provide for the reconstitution of the medical council of india, and the maintenance of a medical register for india and for matters connected therewith. in view of definition under section2(f), modern scientific medicine in all its branches shall mean as 'medicine ..... '. under section2(h) 'recognised medical qualification' has been defined as any of the medical qualification included in the schedules. 'state medical register' has been defined under section2(k) as a register maintained under any law for the time being in force in .....

..... the institute will have the power to grant medicaldegrees, diplomas and other academic distinctions which would be recognised medicaldegrees for the purpose of the indian medical council act, 1933'.4. a reference to a few provisions of the act is apposite. section 5 declares that the institute shall be an institution of national importance. section 13 specifies the objects of the institute as ..... , i.e., doctors already in the employment (of government and semi-government bodies) and open category candidates which included all candidates, other than those falling within the definition of in-service candidates. this court held that the state government had undoubted power, as a matter of policy, insofar as the admissions to super-specialty and p. ..... on the ground of institutional preference though justified a reasonable institutional preference being allowed, 'for the present' having regard to (i) broader considerations of equality of opportunity; and (ii) institutional continuity in education.37. the facts of dr. jagdish saran and ors. v. union of india : [1980]2scr831 : [1980]2scr831 are very near to the present ..... a larger percentage of reservations for the backward would be justified at this level. these are required in individual as well as national interest;(ii) at the stage of postgraduate education in medical specialities, the element of public interest in having the most meritorious students of right caliber. this supervening public interest out weights the social equity .....

..... in the website of the university on 2.8.2011 informing about the conduct of m.d.examination. it is also the contention of the university that the university having been created under the act, viz., the tamil nadu dr.m.g.r.medical university act, 1987, has got every power under section 3 of the indian medicaldegreesact to confer degrees/diplomas and certificates. the proposal of ..... .g.diploma course, which is a recognised medical p.g.diploma course and the doctors qualified with ..... diploma in clinical pathology are given post as tutors in blood banks attached to director of medical education and also as blood bank ..... , 2000, if any institution intends to start a post graduate medical education course or to increase the admission capacity, it shall obtain permission as per section 10a of the act. 4. it is further contended by the petitioners that the university is very much coming within the definition of 'person' as per the amendment act, 1993 and the diploma in clinical pathology is a p .....

..... interpretation clause, prima facie, that definition governs whenever that word is used in the body of the statute, unless the context requires otherwise. in view of the non obstante clause in section 24 stating that notwithstanding anything contained in the indian medical council act, 1956, the dentist act, 1948 and the indian nursing council act, 1947, the medicaldegrees shall be recognised as medical qualifications for the purpose of ..... is totally different from the issue decided in annamalai university case by virtue of sections 23, 24 and 30(2) of the jipmer act. although it cannot be argued that the non obstante clause under section 23 of the jipmer act does not give any clarity on the power for grant of medicaldegrees by the first respondent, without reference to the regulations and provisions made under ..... madras dated :25. 04.2014 coram the honourable mr.justice t.raja w.p.no.21814 of 2013 miss.aheli bal .. petitioner -vs- 1. the director jipmer puducherry 605 086 2. medical council of india represented by its secretary sector 8 new delhi .. respondents petition under article 226 of the constitution of india, praying for the issue of a writ of mandamus .....